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Who is primary when the exwife is to have coverage on the kids by court and doesn't but the stepfather and father have coverage and the father's birthday falls first and has had the policy longer?
Wiki User
∙ 12y ago
If your ex-wife is not covering the children and is under court order you can take her back to court for contempt. You can choose to cover the children if you want, you are not legally obligated to, but it is in the best interest of the child(ren) to have coverage.
AnswerThe courts may see the ex-wife as providing coverage via her husband, the step-father. This is something for the attorneys to decide, just in case you feel you haven't thrown enough money their way...Regardless, MOST (but not all)insurance companies go by the birthday rule, when determining primary coverage on dependent children. The person who's birthday falls fist in a calendar year is the primary coverage. Meaning if your birthday is January 5, and the childrens' step-father's birthday is March 1, then you are primary insurer via the birthday rule. This rule can be nullified if there is a court-order staing anything different. AnswerNormally if there is a court order provided by law the ins carrier will go by the court document. If the court document is stated that either natural parent should carry the ins as primary first then the other pickup as secondary then that's how the claim should pay. If the primary parent does not have coverage under their own name/ssn and is held under the step-parent, that is still considered as the primary. Birthday rule is really applied if the parents are still married but has separate coverage covering the dependents on each plan. If the parents are separated with no court ordered document then it is based on where the child resides. Your insurance carrier should have a book on coordination of benefits regulations that will throughly describe how cob should be handled in different cases.Wiki User
∙ 12y ago
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If a child has primary and secondary medical insurance who settles the dispute when the primary decides the secondary should now be primary instead of secondary as they had been for several years now?
It's not at the discretion of the insurance company as to who is the primary or the secondary. It is the sole decision of the policy holder(you). They are a paid service and are there to serve you. Correction: No, it's not at the discretion of the policy holder. The primary coverage is based on who's birthday comes first. For example, in this particular case, the child lives with his mother and stepfather, and the stepfather and the biological father both have him on their medical insurance policies. The father's birthday is in October and the stepfather's birthday is in December. So the father's insurance is primary, and the stepfather's insurance is secondary. These are the quidelines insurance companies use to determine which one is primary, and which one is secondary.
What is the birthday rule?
AnswerFor your children's coverage, the primary carrier is generally determined by the birthday rule: coverage of the parent whose birthday (month and day, not year) comes first in the year is considered to be your children's primary coverage. The birthday rule may be superseded by a divorce agreement or other court ruling.
What is the definition of primary coverage in regard to automobile insurance?
Basic coverage.
If you have insurance with your employer and your spouse has insurance on you also which insurance is the primary?
If both you and your spouse have full medical coverage then the insurance compnay will revert back to your and your spouse's date of birth. Whoever's birthdate is first in a calendar year, then that is the primary insurance. For example, if your birthday is November 1, but your spouse's birthday is February 12, then your spouses insurance is primary for both of you.
Which would be primary for my husband as I am working with Blue Cross Blue Shield coverage for both.?
You would each be primary on your own coverage and secondary on your spouse's.
What is meant by primary and secondary insurance coverage?
Primary insurance coverage is what is first used when a medical service is being rendered. This is what will be billed first. Secondary insurance is supposed to cover what the primary insurance does not.
If a person has two health coverage plans which one is primary?
if you have medicare,retired but spouse works.spouse ins is primary and medicare secondary. if you are a child both parents has anthem,birthday rule has to apply. the parent who is born first is primary and the parent who is born later is secondary does not matter if parents are married or not
How is a theft of a vehicle work when there are two insurance policies?
The policy with the broadest scope of coverage is primary. The other policy with less coverage would be considered secondary and does not invoke until or unless the coverage from the primary policy is exhausted.
Who is considered the primary and who is the secondary medical insurance for child living with mother and step father but also has coverage through father?
Unless mentioned in the divorce decree, the birthday rule should apply.
What was fathers hidalgo primary goal?
Father Hidalgo's primary goal was for Mexico to be independent from Spain.
If you have health coverage through two different companies the one through retirement and one through current employer who is primary?
Both of you policies will spell out this in the "Co-ordination of Benefits" clause. Most likely the oldest plan will be primary but some go by the birthday of the person insured under the policy. If the retirement benefit coverage is from your spouses policy and the current employer is in your name the birthday may come into effect. Check the COB clause and you will probably find out. If not call the companies.
My husband has dental insurance through his work and so do I but who is primary?
That depends on how the policies are written. Some policies state that when there are two dental insurances, the employee is primary and the dependent is secondary. Other policies state that the person whose birthday falls first in the year is primary. Your best option is to either discuss this issue with your Human Resources department at work or discuss it with the individual who handles insurance claims at your dentist's office. ***Birthday rule only applies to covered children of a married or cohabiting couple. If the parents live in separate households, custody rule or divorce decrees override the birthday rule. The policyholder will be the primary carrier if both policies are full-time employment policies. If one of the policies is retirement coverage, the retirement coverage would be secondary. In your case, your insurance is primary for you and your husband's insurance is primary for him.
